 This trial was taken up on Monday
of last week, and consumed the attention of the Court till last
Tuesday evening, when the jury retired to form their verdict.
Nearly every day of the trial the Courtroom was thronged with
listeners of both sexes and all ages, such was the interest;
although this was the second trial of the case.
The character of the counsel on
both sides added much to the interest; for the state appeared
District Attorney Kinnard, assisted by Messrs.
Blackburn & Hammond; for the defense, J. G. Cook,
Messrs. Matthews and Browning, and Judge R. L. Harrell.Capt.
Hammond, who opened the case, made character in this trial
both by his skill in examining witnesses and his speech, in which
he drew such a pathetic and eloquent picture of the Jennings home
desolated by death, that even the prisoner at the bar was melted
into tears, and everybody was sorry for the young man and for both
families.
Judge Matthews is always
strong before a jury, and in this case is said to have been both
argumentative and poetic; he dwelt with emphasis and effect upon
the evidence that showed that Jennings brought a gun to
town the day of the killing, but the presence of which the Court
would not allow the state to explain, although the prosecution
introduced it. His quotation from Tennyson is said to have been
beautiful and touching.
Judge Blackburn replied to
Judge Matthews in the most powerful and eloquent speech we ever
heard at the Burnet Bar. There were passages in it of intense
dramatic force; his analysis of the strong points of the evidence
keen and clear; his sarcasm and ridicule a revelation to this
[text missing]... had lived in the centre of population, he would
have long ago been on the Supreme bench of Texas.
J. G. Cook's speech
consumed most of Tuesday, and we suppose, fully sustained his
reputation as a criminal lawyer. His analysis of the evidence is
said to have been most searching and ingenious.
District Attorney Kincaid
closed in a two hours address which, aside from its other merits,
kept the audience frequently wreathed in smiles by his ridicule of
points made by opposing counsel. While making little pretensions
to oratory, the District Attorney is always interesting and
formidable."The battle of the giants" was over the gun, whether
the defendant and Miss Jennings were engaged or not, the
blow with the rock, and the testimony of the defendant.
His Honor's charge was long, clear
as a bell and read in a way that every one in the room could hear
and appreciate it.
The jury announced their verdict
yesterday morning at 11:35. It was 1 years in the penitentiary.
The prisoner bore the news like a man.
Following is a list of the jury,
who were very patient under the long and severe strain of body and
mind to which they were subjected:
J. W. Nicholson, E. L. Corley, L. L. Joy, J. C. McClish, Ed. Risinger, Berry Pogue, S. H. Patton, A. Swaney, J. T. Olney, I. B. Reynolds, W. H. Thompson, Frank Curry. |
